For decades, the National Labor Relations Act (NLRA) has protected the right of employees across the United States and in Nevada to organize labor unions and engage in collective bargaining. In some workplaces and industries, unions can be extremely beneficial for employees to negotiate wages and other conditions of employment.
Unfortunately, some employers have tried to stop employees from engaging in union activity in a variety of ways. Just as the NLRA permits union activity, it also prohibits retaliating against employees for such activities. If you believe that your employer engaged in illegal retaliation, you should discuss your situation with a skilled employment lawyer as soon as possible. Call HKM Employment Attorneys in Las Vegas today.
Protected Activities and Types of Retaliation
There are many different types of activities that are protected by the NLRA, including the following:
- Joining or forming a union;
- Assisting in the formation of a union;
- Recruiting members from an employer;
- Collective bargaining through union representatives;
- Striking for better conditions;
- Refraining from certain activities as directed by a union;
- Attending meetings;
- Signing petitions or filing grievances;
- Talking about working conditions or union activity with coworkers.
The above are only a few of the many rights employees have under the law. However, many employees engage in such activities and find that their employers react adversely. When such reactions manifest in certain ways, it can constitute unlawful retaliation. Some examples of retaliation can include:
- Threatening termination, withholding of benefits, or other adverse acts if an employee participates;
- Providing incentives for not engaging in union activity or otherwise discouraging employees;
- Undesirable transfers or demotions;
- Reductions in pay or withholding wages;
- Denial of raises or promotions;
- Termination or lay offs.
Employers that engage in any of these unfair retaliatory practices should be held accountable under the law.
Proving a Union-Related Retaliation Claim
In order to prove that you were the victim of this type of retaliation, you must prove the following four things:
- You engaged in protected activity under the law;
- Your employer believed or knew about your activity;
- You suffered some type of adverse employment decision;
- The adverse employment decision was motivated by your union activity.
In some cases, proving the motivation for an employer action can be challenging and is often based on circumstantial evidence. You need a highly experienced attorney on your side for this type of claim.
Consult With Our Skilled Las Vegas Employment Lawyers As Soon As Possible
You should never suffer any form of unlawful retaliation for protected union activity. Such retaliation can have a considerable effect on victims – both financially and emotionally. You should always know that the law provides you the right to seek compensation for the effects of any retaliation against you by your employer. At the law office of HKM Employment Attorneys in Las Vegas, we represent victims of all types of unlawful employment retaliation and discrimination. If you would like to learn more about how we can help you, please call our Nevada office at 702-625-3893 or contact us online.